' HASNAT AHMAD KHAN, J.---The petitioners have sought pre-arrest bail in cross version dated 9-10- 2006 under sections 337-A(i)/337A(ii)/337F(i)/337L(ii) /148/149, P.P.C. Recorded during the investigation of F.I.R. No,784 of 2006, dated 8-10-2006 registered with Police Station New Multan.
2. Prior to approaching this Court, the petitioners applied for pre-arrest bail which was declined by the learned Additional Sessions Judge, Multan, vide order dated 14-12-2006 which necessitated the filing of the present petition.
3. At the very outset, learned counsel for the petitioner has requested to withdraw this petition to the extent of Muhammad Akhtar petitioner. The petition to his extent is dismissed as withdrawn.
4. In support of this petition, learned counsel for the petitioners has contended that it is a case of cross-version. Initially a case was registered against the complainant of cross-version and others at the instance of Muhammad Akhtar co-petitioner; that net has been thrown wider, inasmuch as, four brothers including the petitioners have involved in this case. He adds that the injuries suffered by Naeem Ullah and Muhammad Aslam injured P.Ws. Were self-suffered and for the same reason, said injured witnesses failed to appear before the District Standing Medical Board which was constituted under the orders of the learned Magistrate 1st Class, Multan. He adds that the medico- legal certificate pertaining to Naeem Ullah injured P.W. Shows that he had received a sharp-edged injury also, though, no such allegation was levelled in the cross-version. Lastly it has been contended that the role attributed to Muhammad Amjad petitioner is general in nature while role attributed to Muhammad Afzal petitioner is that of causing injuries on the body of Muhammad Aslam injured P.W. With brick-bating.
5. Learned counsel for the State assisted by learned counsel for the complainant has opposed this bail application while contending that the petitioners are specifically named in the F.I.R. And they are required by the police for effecting recovery of weapons of offence.
6. After hearing arguments of both the sides, I have come to the conclusion that the petitioners have succeeded to make out their case for grant of pre-arrest bail. The petitioners are involved in a cross-version which was recorded during the investigation of the F.I.R. Which was lodged by Muhammad Akhtar co-accused. According to the letter dated 13-12-2006 (Annexure-D) both the injured P.Ws. Namely Naeem Ullah and Muhammad Aslam failed to appear before the District A Standing Medical Board. In the F.I.R. Lodged at the instance of Muhammad Akhtar co-accused, the presence of the petitioners has not been shown. Only role attributed to the petitioner is causing of injuries through brick-bating, while role attributed to Muhammad Amjad petitioner is general in nature. All the said questions would be requiring further inquiry. The contention of the /learned counsel for the petitioners that tie petitioners have been involved due to the mala fide of the complainant as they happen to be real brother of Muhammad Akhtar co-accused, who had set the legal machinery into motion by getting the case registered against the complainant of cross- version and his colleagues. Consequently, application to the extent of Muhammad Afzal and Muhammad Amjad petitioners is accepted and ad interim pre-arrest bail already granted to them is hereby confirmed subject to their furnishing fresh bail bonds in the sum of Rs,50,000 each with one surety each in the like amount to the satisfaction of the learned trial Court.